Senators Sanders and Grassley Unveil Immigration Amendment

On 6/9/10, Senators Sanders (I-VT) and Grassley (R-IA) unveiled an immigration-related amendment to the American Jobs and Closing Tax Loopholes Act (H.R. 4213) also known as the "tax extenders" bill.

The amendment prohibits the Secretary of Homeland Security (DHS) from approving an employer petition for any visa authorizing employment in the United States unless the employer has certified to the Secretary of Labor that the employer: (1) has not provided a notice of a mass layoff, as defined by the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the alien's scheduled hiring date; and (2) does not intend to provide a notice of a mass layoff.

It also states that if an employer provides a notice of a mass layoff after the approval of a visa any visas approved during the most recent 12-month period for such employer shall expire 60 days after the date on which such notice is provided and shall not be subject to judicial review.

Finally, the amendment exempts an employer from such requirements if the employer certifies to the Secretary of Labor that the total number of the employer's workers who are U.S. citizens working in the United States will not be reduced by a mass layoff.

The tax extenders bill is currently pending on the Senate floor and the Sanders/Grassley amendment could come up early next week.

For more information, read the full text of the amendment.

Cite as AILA Doc. No. 10061060.